1 Office of Business Development Training Contract Administration: Agency Partnership Agreements.

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Office of Business Office of Business DevelopmentDevelopment

Training Training

Contract Administration: Agency Contract Administration: Agency Partnership Agreements Partnership Agreements

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Partnership Agreement PurposePartnership Agreement Purpose

To streamline the contract execution process To streamline the contract execution process between SBA and the participating Agencies between SBA and the participating Agencies so that the small business community is so that the small business community is afforded every opportunity to participate in afforded every opportunity to participate in government contracting.government contracting.

To increase contracting opportunities for small To increase contracting opportunities for small businessesbusinesses

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Partnership AgreementsPartnership Agreements

In accordance with 13 CFR 124.501(a), In accordance with 13 CFR 124.501(a), SBA delegates only the contract SBA delegates only the contract execution function.execution function.

SBA remains the prime contractor on all SBA remains the prime contractor on all 8(a) contracts, and the 8(a) participant 8(a) contracts, and the 8(a) participant remains SBA’s subcontractor.remains SBA’s subcontractor.

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Partnership AgreementPartnership Agreement Objectives Objectives

To delineate responsibilities regarding 8(a) To delineate responsibilities regarding 8(a) contracts between SBA and the contracts between SBA and the participating procuring agency;participating procuring agency;

To establish the procedures for offer and To establish the procedures for offer and acceptance between SBA and the acceptance between SBA and the participating procuring agency;participating procuring agency;

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Partnership AgreementPartnership AgreementObjectives (cont.)Objectives (cont.)

To reduce the interval between the time To reduce the interval between the time the procuring agency contracting officers the procuring agency contracting officers send an offering letter to SBA and receive send an offering letter to SBA and receive an SBA decision on the offering to a an SBA decision on the offering to a maximum of 5 workdays;maximum of 5 workdays;

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Partnership AgreementPartnership Agreement Objectives (cont.) Objectives (cont.)

To eliminate SBA’s review of contracts To eliminate SBA’s review of contracts and purchase orders executed under the and purchase orders executed under the authority of the Partnership Agreement; authority of the Partnership Agreement; and and

To establish uniform policies and To establish uniform policies and procedures regarding application of procedures regarding application of purchase orders to the 8(a) contracting purchase orders to the 8(a) contracting process, when applicable.process, when applicable.

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SBA’s ResponsibilitiesSBA’s Responsibilities

Reviews Agency offering letters, issues Reviews Agency offering letters, issues acceptance or rejection letters, and makes acceptance or rejection letters, and makes eligibility determinations for award.eligibility determinations for award.

Reviews all proposed joint venture agreements Reviews all proposed joint venture agreements involving 8(a) Participants before contract involving 8(a) Participants before contract award.award.

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SBA’s Responsibilities SBA’s Responsibilities (cont.)(cont.)

Sole Source Procurements:Sole Source Procurements: Within five working days of receipt of an Within five working days of receipt of an

offering letter, SBA will issue either an offering letter, SBA will issue either an acceptance letter or rejection letter. acceptance letter or rejection letter.

If SBA does not respond within those five If SBA does not respond within those five working days, the Agency may assume the working days, the Agency may assume the offer has been accepted on the sixth working offer has been accepted on the sixth working day.day.

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Sole Source Procurements (Cont.): Sole Source Procurements (Cont.): Acceptance shall include a size verification Acceptance shall include a size verification

and determinations with respect to all elements and determinations with respect to all elements of eligibility (i.e., determinations of adverse of eligibility (i.e., determinations of adverse impact, North American Industry impact, North American Industry Classification System (NAICS) code Classification System (NAICS) code appropriateness and program eligibility).appropriateness and program eligibility).

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Competitive Acquisitions:Competitive Acquisitions: SBA will issue an acceptance letter or SBA will issue an acceptance letter or

rejection letter within five working days of rejection letter within five working days of receipt of an offering letter.receipt of an offering letter.

Absent a notification of rejection within five Absent a notification of rejection within five working days of receipt of the offer, working days of receipt of the offer, acceptance may be assumed on the sixth acceptance may be assumed on the sixth working day. (See previous example)working day. (See previous example)

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Competitive Acquisitions (cont.)Competitive Acquisitions (cont.) Within two working days after a request from Within two working days after a request from

the contracting officer, SBA shall issue an the contracting officer, SBA shall issue an eligibility determination for the apparent eligibility determination for the apparent awardee or, in the case of a negotiated awardee or, in the case of a negotiated procurement, all firms in the competitive procurement, all firms in the competitive range. range.

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Competitive Acquisitions (cont.)Competitive Acquisitions (cont.) SBA will issue an eligibility determination for SBA will issue an eligibility determination for

all firms with a realistic chance of award all firms with a realistic chance of award within two working days after a request from within two working days after a request from the contracting officer, if no discussions are to the contracting officer, if no discussions are to be conductedbe conducted

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Simplified Acquisitions:Simplified Acquisitions: SBA will review the program eligibility of the SBA will review the program eligibility of the

8(a) Participant within two working days after 8(a) Participant within two working days after a request from the contracting officer. SBA’s a request from the contracting officer. SBA’s review is limited to program eligibility only. review is limited to program eligibility only.

No offering or acceptance letter is required for No offering or acceptance letter is required for requirements processed under the simplified requirements processed under the simplified acquisition procedures threshold.acquisition procedures threshold.

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Simplified Acquisitions: Simplified Acquisitions: (cont.)(cont.)

If SBA does not notify the agency that the If SBA does not notify the agency that the selected 8(a) firm is ineligible for the award selected 8(a) firm is ineligible for the award within two working days of receipt of the within two working days of receipt of the offer, the 8(a) firm’s eligibility to receive the offer, the 8(a) firm’s eligibility to receive the award may be assumed on the third working award may be assumed on the third working day.day.

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All proposed joint venture agreements All proposed joint venture agreements involving 8(a) firms shall be reviewed and involving 8(a) firms shall be reviewed and approved by SBA before contract award.approved by SBA before contract award.

SBA may provide 8(a) Participants with SBA may provide 8(a) Participants with contract negotiation assistance or direct them contract negotiation assistance or direct them to appropriate resources where they can obtain to appropriate resources where they can obtain technical assistance in contract negotiations technical assistance in contract negotiations when requested by either the 8(a) Participant when requested by either the 8(a) Participant or the contracting officer.or the contracting officer.

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SBA has the right to perform on-site contract agency SBA has the right to perform on-site contract agency reviews and audits to ensure compliance with the reviews and audits to ensure compliance with the contract requirements. SBA’s procedures for contract requirements. SBA’s procedures for conducting the agency reviews are published in conducting the agency reviews are published in SBA’s Standard Operating Procedure 80 05 3. SBA’s Standard Operating Procedure 80 05 3.

An Agency Review is an opportunity for SBA and An Agency Review is an opportunity for SBA and the partner agency to review compliance with the the partner agency to review compliance with the contract execution requirements as required by law.contract execution requirements as required by law.

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SBA also works with the procuring activities by SBA also works with the procuring activities by identifying a requirement for an 8(a) Participant for a identifying a requirement for an 8(a) Participant for a possible award. possible award.

SBA will submit capability statements to the SBA will submit capability statements to the appropriate procuring activities for the purpose of appropriate procuring activities for the purpose of matching requirements consistent with the 8(a) matching requirements consistent with the 8(a) Participants’ capability.Participants’ capability.

SBA holds the responsibility for ensuring that 8(a) SBA holds the responsibility for ensuring that 8(a) Participants comply with all applicable provisions Participants comply with all applicable provisions relating to continuing eligibility for 8(a) BD program relating to continuing eligibility for 8(a) BD program participation.participation.

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If an agency submits an open offering letter for a sole If an agency submits an open offering letter for a sole source requirement, SBA selects an appropriate 8(a) source requirement, SBA selects an appropriate 8(a) Participant.Participant.

SBA also maintains oversight as to requirements that SBA also maintains oversight as to requirements that have been accepted and will follow up with the have been accepted and will follow up with the agency’s OSDBU, or equivalent (with a copy to the agency’s OSDBU, or equivalent (with a copy to the appropriate senior procurement executive) if contract appropriate senior procurement executive) if contract award documents (and or modifications) have not award documents (and or modifications) have not been received by the SBA district office.been received by the SBA district office.

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Procuring Agency’s ResponsibilitiesProcuring Agency’s Responsibilities

The partner agency must inform all its contracting The partner agency must inform all its contracting officers and other warranted officials who award 8(a) officers and other warranted officials who award 8(a) contracts of the responsibilities concerning the contracts of the responsibilities concerning the agreement.agreement.

The partner agency is responsible for reporting all The partner agency is responsible for reporting all 8(a) contract awards, modifications, and options to 8(a) contract awards, modifications, and options to SBA until such time as the agreement expires or is SBA until such time as the agreement expires or is terminated.terminated.

The partner agency is required to adhere to all The partner agency is required to adhere to all provisions of contractual assistance identified in 13 provisions of contractual assistance identified in 13 C.F.R..§§ 124.501 through 124.520; as well as the C.F.R..§§ 124.501 through 124.520; as well as the applicable provisions of the FAR Subpart 19.8.applicable provisions of the FAR Subpart 19.8.

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Procuring Agency’s Responsibilities Procuring Agency’s Responsibilities (cont.)(cont.)

To determine which requirements are suitable To determine which requirements are suitable for offering to the 8(a) BD program in for offering to the 8(a) BD program in accordance with FAR Part 19, Subpart 19.8, accordance with FAR Part 19, Subpart 19.8, and, where appropriate, and working with the and, where appropriate, and working with the appropriate SBA servicing office, identify the appropriate SBA servicing office, identify the 8(a) Participants capable of performing these 8(a) Participants capable of performing these requirements.requirements.

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The contracting officer or other warranted official, The contracting officer or other warranted official, shall monitor and ensure 8(a) contract compliance shall monitor and ensure 8(a) contract compliance requirements in accordance with FAR Subparts 19, requirements in accordance with FAR Subparts 19, 42 and 52 and 13 C.F.R. Part 124. 42 and 52 and 13 C.F.R. Part 124.

All delegated authority contract awards, All delegated authority contract awards, modifications, options and purchase orders will modifications, options and purchase orders will include monitoring and oversight provisions to ensure include monitoring and oversight provisions to ensure that all contracts comply with the work performance that all contracts comply with the work performance requirements in accordance with FAR Subpart requirements in accordance with FAR Subpart 19.811-3(e) and 13 C.F.R. Section 124.510.19.811-3(e) and 13 C.F.R. Section 124.510.

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The contracting officer or other warranted The contracting officer or other warranted official shall request an eligibility official shall request an eligibility determination from SBA's district office determination from SBA's district office responsible for servicing the selected 8(a) responsible for servicing the selected 8(a) Participant, when an 8(a) Participant has been Participant, when an 8(a) Participant has been identified on all simplified acquisitions under identified on all simplified acquisitions under $100K $100K priorprior to issuance of the purchase order. to issuance of the purchase order.

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For sole source requirements exceeding the simplified For sole source requirements exceeding the simplified acquisition threshold of $100K, the contracting officer or other acquisition threshold of $100K, the contracting officer or other warranted official shall submit the offering letter to SBA's warranted official shall submit the offering letter to SBA's district office responsible for servicing the selected 8(a) district office responsible for servicing the selected 8(a) Participant, when an 8(a) Participant has been identified.Participant, when an 8(a) Participant has been identified.

For sole source requirements when the partner agency has not For sole source requirements when the partner agency has not identified a specific 8(a) Participant for a requirement, the identified a specific 8(a) Participant for a requirement, the contracting officer or other warranted official shall submit an contracting officer or other warranted official shall submit an open offering letter to the SBA district office that services the open offering letter to the SBA district office that services the geographical area where the partner agency’s contracting geographical area where the partner agency’s contracting activity is located.activity is located.

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The agency shall submit a request for eligibility The agency shall submit a request for eligibility determination to the SBA district office servicing the determination to the SBA district office servicing the apparent awardee. In the case of a negotiated apparent awardee. In the case of a negotiated procurement, following receipt of initial offers procurement, following receipt of initial offers including price, the contracting officer may request including price, the contracting officer may request an eligibility determination for all firms in the an eligibility determination for all firms in the competitive range, if discussions are to be conducted. competitive range, if discussions are to be conducted. The eligibility determination requests shall be sent to The eligibility determination requests shall be sent to the SBA offices servicing those firms in the the SBA offices servicing those firms in the competitive range;competitive range;

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The agency shall submit competitive 8(a) The agency shall submit competitive 8(a) requirements and sole source requirements for which requirements and sole source requirements for which no specific 8(a) Participant had been nominated to the no specific 8(a) Participant had been nominated to the SBA district office servicing the geographical area in SBA district office servicing the geographical area in which the procuring activity is located.which the procuring activity is located.

The agency shall submit competitive and open The agency shall submit competitive and open construction requirements to the SBA district office construction requirements to the SBA district office serving the geographical area in which the work is to serving the geographical area in which the work is to be performed, or in the case of overseas contracts, to be performed, or in the case of overseas contracts, to the Office of 8(a) Business Development located at the Office of 8(a) Business Development located at SBA Headquarters.SBA Headquarters.

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Each agency shall retain the responsibility for Each agency shall retain the responsibility for compliance with all applicable provisions of the FAR compliance with all applicable provisions of the FAR and any its own regulations, unless a deviation is and any its own regulations, unless a deviation is obtained.obtained.

Each agency shall provide a copy of any contract, as Each agency shall provide a copy of any contract, as defined in FAR § 2.101, including basic contracts, defined in FAR § 2.101, including basic contracts, orders, modifications, and purchase orders, executed orders, modifications, and purchase orders, executed under this PA to the SBA servicing district office under this PA to the SBA servicing district office within 15 working days of the date of award.within 15 working days of the date of award.

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Each agency shall request an eligibility Each agency shall request an eligibility determination prior to final award in all 8(a) determination prior to final award in all 8(a) competitive acquisitions.competitive acquisitions.

Each agency shall retain the option to use Each agency shall retain the option to use tripartite procedures to award 8(a) contracts tripartite procedures to award 8(a) contracts and purchase orders to 8(a) Participants as and purchase orders to 8(a) Participants as specified in FAR Subpart 19.8.specified in FAR Subpart 19.8.

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Each agency shall ensure that all contracts awarded Each agency shall ensure that all contracts awarded pursuant to the Partnership Agreement contain pursuant to the Partnership Agreement contain

provisions that:provisions that:

1. require SBA’s approval of novation agreements 1. require SBA’s approval of novation agreements submitted by the 8(a) Participant; andsubmitted by the 8(a) Participant; and

2. require advance notice to SBA (as the prime 2. require advance notice to SBA (as the prime contractor) prior to issuance of a final notice contractor) prior to issuance of a final notice terminating the contract in whole or in part.terminating the contract in whole or in part.

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Each agency shall ensure that all NAICS codes Each agency shall ensure that all NAICS codes for all 8(a) contracts are applied in accordance for all 8(a) contracts are applied in accordance with FAR § 19.102.with FAR § 19.102.

Each agency shall add language to every Each agency shall add language to every contract stating that SBA is the prime contract stating that SBA is the prime contractor on the contract.contractor on the contract.

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Each agency shall provide all proposed joint Each agency shall provide all proposed joint ventures involving 8(a) Participants to SBA ventures involving 8(a) Participants to SBA for approval before contract award. for approval before contract award.

An agency cannot use contracts that have not An agency cannot use contracts that have not been offered to and accepted by SBA for the been offered to and accepted by SBA for the 8(a) BD program for its 8(a) negotiated goals8(a) BD program for its 8(a) negotiated goals ..

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Agency Non Compliance with the Agency Non Compliance with the Partnership AgreementPartnership Agreement

The BDS must document in writing:The BDS must document in writing: any partner agency violation of the any partner agency violation of the

Partnership Agreement; includingPartnership Agreement; including a lack of receipt of contract copies, a lack of receipt of contract copies,

modifications and optionsmodifications and options

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SBA ContactsSBA Contacts

Partnership Agreement QuestionsPartnership Agreement QuestionsJacqui West, Director, Office of Program Jacqui West, Director, Office of Program

ReviewReview(202) 205-7581(202) 205-7581

General 8(a) Contracting QuestionsGeneral 8(a) Contracting QuestionsCherina Hughes, Acting Director, Office of Cherina Hughes, Acting Director, Office of

Management & Technical AssistanceManagement & Technical Assistance(202) 205-7344(202) 205-7344

1 Office of Business Development Training Contract Administration: Agency Partnership Agreements.

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